Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-04-28
PROTECTING THE SETTLER.
The President on the Case OF Guflford
Miller.

The President on the Case OF GuilfOrd
Miller.
Guilford Miller, as is well known, is settler on
some land claimed by the Northern Pacific Rail-
road as indemnity for other land which came
within their grant, but which could not be taken
because it had already been settled upon When
| Miller appealed to the Interior Department Sec
| rotary Lamar referred the matter to the Depart
| ment OF Justice, and Solicitor General jerks
decided that Miller must be elected. The matter
Is now pending with the Secretary Of the INTERIOR
who has received the following letter from the
| President:
EXECUTIVE MANSION,
WASHINGTON, d. c., April %, 1887.
TO tie Secretary Of the Interior, Washington, ID. O.
interest The questions involved in the conflicting
claims OF Guilford Miller and the Northern Pacific
t haii T company 10 certain lands in Washing
been examined and passed upon by several officers
OF Jne government, who do not agree in their con-
Miller claims to be settler upon the land in
question, whose possession dates from 1878. He
alleges that he has made substantial improve
mentS upon this land ami cultivated the same,
and 1t appears that he filed his claim to the same
under the homestead law on the 18th day OF De-
The railroad company contends that this land is
Wltnin the territory or area from which 1t was
enIlIied 10 select such quantity OF public land as
LlignI De necessary to supply any deficiency that
shall be found to exist in the specified Land men,
TONED In grant by the Government to said COM
pany In aid OF the construction OF its road-such
deficiency being contemplated as likely to arise
from the paramount right OF private parties and
sraataS , wtnn the Territory embracing said
thus selected by the company on the 18th day OF
December, 1883.
A large tract, including this land, was with
drawn by an order OF the Interior Department
from sale and from presumption and homestead en-
Try IN 1872 In anticipation or the construction OF
said railroad and deficiency in it's granted lands
i u, "A.
ZION, the land In controversy, and much more
which had been SO withdrawn, was found to lie
land; but its Withdrawal and reservation from
settlement and entry under our land laws was
limits of indemnity lands when might be selected
1y tne company, as provided in the law making
The legal points in the controversy turned upon
the validity and effect OF the withdrawal and res
ervat1on OF this land and the continuance thereof
The AttOrney-General is OF the opinion that such
withdrawal and reservation were at ali times eff
fectual, and that they operated to prevent Miller
from acquiring any interest in or right to the land
With this Interpretation OF the law, and the
former orders and action OF the Interior Depart
withdrawal and reservation since 1872 OF thou
SANDS, not millions, of acres OF these lands from
the operation OF the land lawson the United States
thus placing them beyond the reach OF our citizens
desiring under such laws to settle and make homes
| upon the same, and that this has been done for
the benefit OF railroad company having no hxed
certain or definite interests In such lands In this
manner the beneicent policy and intention OF the
Government In relation TO the pubic domain have
for all these years, to that extent, been thwarted
There seems TO be no evidence presented showing
how much II any, Of this vast tract Is necessary
| for the fullflment OF the grant to the railroad
company; nor does there appear to be any limita.
ton Of the time within which this fact should be
| made known and the corporation obliged 10 make
its selection. After lapse OF fifteen years this
large body OF the public domain is stil held in re-
serve to the exclusion Of settlers for the conve-
| ntence Of corporation beneficiary OF the Govern
| nd fnD ifS
ureay certain that much OF this reserved land can
never be honestly claimed by said corporation.
| Such a condition OF the public lands should no
longer continue. SO far as It is the result OF ex-
ecut1ve rules and methods these should be aban-
bOned, and SO FAR as 1t is consequent OF IMPROVE
! dent laws these should be repealed or amended.
Our public domain Is our national wealth, the ear
| nest OF growth and the heritage OF our people
In nth the case under consideration, assume that
| which has been reserved for indemnity, in which
no citizen or settler has legal or equitable in
tereSt for all purposes OF such Naturalization TO
this railroad company II its grant has not already
been satisfied. understand, too, that selections
made by such corporation are not complete and
| enectual until the same have been approved by
the Secretary OF the INTERIOR or unless they are
made in the words OF the statute under his direc-
| ton.
| You have thus far taken no action In this mat
ter; and 1t seems to me that you are in a condi-
tfOn to deal with the subject in such a manner as
| TO protect this settler from hardShlpS and loss
transmit herewith the papers and documents
relating to the case, which were submitted TO me
at my request.
suggest that you exercise the power and au-
ChOr1ty you have In the premises, upon equitable
considerations, with every presumption and in
tendment In favor OF the settler, and in case you
find this corporation is entitled TO select any more
OF these lands than IT has already acquired, that
you direct it to select. In lieu OF the land upon
which MI. Miller has settled other Land within the
| limits OF this indemnity reservation, upon which
neither he any other citizen has in good faith
settled or made improvements.
call your attention to sections 245O 2451 OF
the Revised Statutes OF the United States point
| ing out mode OF procedure which may perhaps
be reSorted to II necessary for the purpose reach
| ing just and equitable disposition OF the case.
The suggestion herein contained can, believe,
be adopted without diSregarding calling in
question the opinion OF the Attorney General upon
the purely legal propositions which were submit
ted TO him.
Yours, very truly, GROVER CLEVELAND.